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Permalink Reply by trae on February 10, 2022 at 10:59

I sold some property in desoto parish back in 2012 and reserved the mineral rights i never leased with anyone I’ve been getting royalties from the gas company I know about the 10 year law but what does it specifically say?
Thanks

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Permalink Reply by Skip Peel - Mineral Consultant on February 11, 2022 at 8:07

Trae, when you sold your surface and retained your mineral rights, you created a mineral servitude.  The servitude is effective for ten years from the day that you severed the minerals from the surface however that ten year prescription period is interrupted by a good faith effort to drill a producing well or suspended for the life of production if a producing well is drilled and completed.  Since you are getting production revenue, not royalty since that takes an executed lease for your minerals, your servitude is suspended.  The ten year prescription period would begin a new on day one that production ceases and would run for ten years unless interrupted or suspended in the future.  That's the 5 cent answer and I can't offer anything else without more detail on the location of your minerals.  Good luck.

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Permalink Reply by trae on February 11, 2022 at 8:43

Thank you so much for getting back with me,so your saying because I’m drawing a interest in a well from the property I don’t have to give back the mineral rights?

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Permalink Reply by Skip Peel - Mineral Consultant on February 11, 2022 at 12:09

When you sold your surface and reserved your minerals, you retained ownership of your mineral rights.  Otherwise you would not be receiving production payments.

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Permalink Reply by trae on February 11, 2022 at 12:32

I sold the property the summer of 2012 just trying to make sure I don’t have to give them back this summer as that would make 10 years,been getting payments from GEP

Thank you for the help! And all that you do

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Permalink Reply by Iris on February 13, 2022 at 5:59

Interesting question, Trae.  One more detail to consider in selling property.

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